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Powers of the President of the India

1.All
executive powers of the Union are vested in the President and shall be
exercised by him either

directly or through subordinate officers in accordance
with the Constitution.

2.The
President appoints the Prime Minister and other ministers; and they hold office
during his pleasure.

3.The
President appoints the Attorney General of India, Comptroller and Auditor
General of India, the Chief Election Commissioner and other Election Commissioners,
the Chairman and Members of the UPSC, the Governors of the states, the Chairman
and the members of the Finance Commissions etc.

4.The
President can appoint a commission to investigate into the conditions of SCs,
STs and OBCs.

5.The
President of India can grant a pardon to or reduce the sentence of a convicted
person for one time, particularly in cases involving punishment of death.

Legislative Powers

1.The
President addresses the Parliament at the commencement of the first session
after the general election and the first session of each year.

2.The
President can summon or end a session of the Parliament and dissolve the Lok
Sabha.

3.He
can also summon a joint sitting of both the houses of Parliament which is
presided over by the Speaker of the Lok Sabha.

4.The
President can appoint a member of the Lok Sabha to preside over its proceedings
if both the positions of Speaker as well as Deputy Speaker are vacant.

5.He
also can appoint any member of the Rajya Sabha to preside over its proceeding
when both the Chairman’s and Deputy Chairman’s office fall vacant.

6.He
can nominate 12 members to the Rajya Sabha with extraordinary accomplishments
in literature, science, art and social service and two members to the Lok Sabha
from the Anglo-Indian Community.

7.President’s
prior recommendation or permission is needed for introducing bills in the
parliament involving expenditure from Consolidated Fund of India, alternation
of boundaries of states or creation of a new state

8.When
a bill is sent to the Parliament after it has been passed by the parliament,
the President can give his assent to the bill or withhold his assent to the
bill or return the bill (if it is not a Money Bill or a Constitutional
Amendment Bill) for reconsideration of the Parliament.

9.When
a bill passed by a State legislature is re-served by the Governor for
consideration of the President, the President can give his assent to the bill,
or withhold his assent to the bill or direct the Governor to return the bill
(if it is not a Money bill) for reconsideration of the State Legislature.

10.President
can promulgate ordinances when both the Houses of the Parliament are not in
session. These ordinances must be approved by the Parliament within the six
weeks of its reassembly. The ordinance can be effective for a maxi-mum period of
six months and six weeks – Article 123

Emergency Powers of the President

The President can declare three
types of emergencies:

1. National Emergency: Article 352

National emergency is caused by
war, external aggression or armed rebellion in the whole of India or a part of
its territory. President can declare national emergency only on a written
request by the Cabinet Ministers headed by the Prime Minister and the
proclamation must be approved by the Parliament within one month. National
emergency can be imposed for six months. It can be extended by six months by
repeated parliamentary approval, up to a maximum of three years.

Under national emergency,
Fundamental Rights of Indian citizens can be suspended. The six freedoms under
Right to Freedom are automatically suspended. However, the Right to Life and
Personal Liberty cannot be suspended.

State Emergency or President’s Rule: Article 356

A State Emergency can be imposed
in a State if that state failed to run constitutionally i.e. constitutional
machinery has failed.

Such an emergency must be
approved by the Parliament within a period of two months. It can be imposed
from six months to a maximum period of three years with repeated parliamentary
approval every six months.

During such an emergency, the
Governor administers the state in the name of the President. The Legislative
Assembly can be dissolved or may remain in suspended animation. The Parliament
makes laws on the 66 subjects of the state list. All money bills have to be
referred to the Parliament for approval.

Financial Emergency: Article 360

President can proclaim a
Financial Emergency if financial stability or credit of India or any part
thereof is threatened. This proclamation must be approved by the Parliament
within two months.

Financial Powers

1.A
money bill can be introduced in the Parliament only with the President’s
recommendation

2.The
President lays the Annual Financial Statement i.e. the Union budget before the
Parliament.

3.President
can make advances out of the Contingency Fund of India to meet unforeseen
expenses

4.The
President continues a Finance commission after every five years to recommend
the distribution of the taxes between the centre and the States.

Diplomatic powers

1.International
treaties and agreements are signed on behalf of the President. However, they
are subject to approval of the parliament.

2.The
president represents India in International forms and affairs and may send and
receives diplomats like ambassadors, high commissioners.

Military powers

1.The
President is the supreme commander of the defence forces of India

2.The
President can declare war and conclude peace, subject to Parliaments’ approval.

3.The
President appoints the chiefs of Army, Navy and Air Force.

Judicial powers

1.The
president appoints the Chief Justice of the Union Judiciary and other judges on
the advice of the Chief Justice.

2.The
President dismisses the judges if and only if the two Houses of the Parliament
pass resolutions to that effect by two-thirds majority of the members present.

3.The
president has the right to grant pardon.

4.The
president enjoys the judicial immunity

5.No
criminal proceedings can be initiated against the president during the term in
office

6.The
president is not answerable for the exercise of his/her duties.

Powers of the President of the India
Reviewed by Manish Kumar
on
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